FOI Alyson Carrel (Northwestern) and LCSW Jasmine Atwell (Loyola ‘JD22) recently discussed Sharon Press and Ellen Deason’s new article, “Mediation: Embedded Assumptions of Whiteness?,” published in the Cardozo Journal of Conflict Resolution (and available on SSRN). Press and Deason’s article explores concepts from the book, Me and White Supremacy, as applied to the practice, process, and structure of mediation. Earlier in July, Jasmine and Alyson discussed their reactions to the article, why the article might be important to assign in a mediation class, and how faculty can approach facilitating a conversation about the article. Alyson’s writeup of this conversation…
The ABA Section of Dispute Resolution published three books this year that you, your colleagues, and your students might be interested in. Mediating Legal Disputes: Effective Techniques to Resolve Cases, Second Edition, by Dwight Golann. Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making, Second Edition, by Jennifer K. Robbennolt and … Continue reading Three New ABA Books Hot Off the Press! →
The UK Civil Justice Council recently issued a report determining that parties to a civil dispute can legally be compelled to participate in an ADR process (e.g., mandatory mediation) and that doing so could also be desirable under certain circumstances. The report is a significant addition to existing debates in the UK about the permissibility of compulsory ADR schemes. The traditional view in the UK since the seminal case of Halsey v. Milton Keynes Gen’l NHA Trust [2004] 1 WLR 3002 is that forcing unwilling parties to mediate in the first instance violates fundamental rights of access to the courts.…
I forgot to include two things in my list of readings and resources you might want to think about as you plan for the coming academic year. The Theory-of-Change Book, which can be downloaded for free, contains 63 bite-size think pieces, averaging less than 4 pages each, written by 59 contributors in the following sections: Reflections on the Past-and-Future Conference The Big Picture Impact and Use of Technology Legal Education Professional Training and Practice Research and Scholarship You might want to assign specific pieces as reading assignments, possibly including the introduction to the book or introductions to the various…
The majority opinion in the Breslin case led me to write my piece, Courts Should Make Mediation Good Samaritans Not Frankensteins, which led the CPR Mediation Committee to sponsor a program, Consequences of Not Participating in Court Ordered Mediation:  What Is Fair?  I was one of the speakers, along with Lauren A. Jones, ADR Coordinator for New York City’s Surrogates Courts, and Robyn Weinstein, ADR Administrator at the United States District Court of the Eastern District of New York.  I provided an overview of issues using this powerpoint. I wrote this article growing out of the…
Please consider this call for symposium contributions from The Ohio State Journal on Dispute Resolution and colleagues at the Divided Community Project, Stanford, and HNMCP. The Ohio State Journal on Dispute Resolution, in partnership with The Ohio State University’s Divided Community Project, the Harvard Negotiation and Mediation Clinical Program, and Stanford Law School’s Gould Center for Conflict Resolution, is pleased to announce a call for submissions focusing on the work of collaborative efforts addressing truth, action, reconciliation, and healing in the context of race and racial equity. Authors accepted for this publication will be invited to…
Dear Colleagues, We hope you are enjoying your summer. The Straus Institute at Pepperdine Caruso School of Law is delighted to host the 14th Annual AALS Section on Dispute Resolution Works-in-Progress Scholarship Conference in Malibu, CA on October 8-9, 2021. As many of you know, the Works-in-Progress Conference convenes scholars and researchers at all levels within the ADR field and cultivates a welcoming atmosphere wherein participants can share their work, exchange ideas, and give or receive feedback with colleagues in attendance. The WIP Conference was last hosted in-person in 2019 by the Saltman Center for Conflict Resolution at UNLV, and…
Toby Guerin (Maryland) recently won the Chief Judge Robert M. Bell Award for Outstanding Contribution to Alternative Dispute Resolution in Maryland, the Maryland State Bar ADR Section’s the highest honor.  As many of you know, Judge Bell was a leader in the use of ADR in the Maryland judiciary, schools, government, and communities during his illustrious career.  According to this press release: For nearly 20 years, Guerin has been a leading advocate for conflict resolution and mediation in Maryland. She was the first chair of the Mediator Excellence Council. In that role, she was responsible for overseeing the formation…
Michael Lang and Peter Nicholson edited a book, Family Conflict During a Pandemic:  Stories of Struggles and Hope.  It is a collection of short contributions, including stories, essays, poetry and art work by 93 people from 17 countries including pieces in 9 languages.  The pieces are organized in four sections: Authors explain how they and their families have been a­ffected by the pandemic Stories by mediators that describe the struggles their clients faced in the pandemic Stories that illustrate the resilience of couples and families in the pandemic Programs that provide help with psychological, legal, mediation, and housing matters Everyone…
Dear Readers, After organizing a culturally diverse dispute resolution conference for 30 years, the CADR is organizing 2021 Virtual Conference on June 23, 24, 25, 28 and 29, 2021 on “Managing Conflict and Understanding the Implicit Barriers and Underlying Sources”. The Conference Agenda is available here: https://natlctr4adr.org/docs/2021/ADR_2021_Virtual_Conference.pdf The Registration Information is available here: https://www.natlctr4adr.org/index.html. About the Center: “The Center for Alternative Dispute Resolution was founded in 1986 by Associate Professor and Director, Marvin E. Johnson. Its mission is to promote and provide education and comprehensive approaches to dispute resolution that constructively serve the needs of our culturally diverse society.”…
With much thanks to WFOI Peter Reilly (Texas A&M) for gathering this wonderful list of publications and/or works-in-progress from the ADR scholarly community, here is the Summer 2021 edition of ADR Scholarship Projects: Erin Archerd (University of Detroit Mercy School of Law)  Building on my recent article, Two Hearts and Brewer/Distributor Conflicts (forthcoming in the University of the Pacific Law Review, I am looking specifically at the use of arbitration clauses in wholesale distribution contracts in the brewing industry as well as the increasing incorporation of arbitration among the states in their beer franchise statutes.  Do these trends show an increased…
Thanks to GFOI Maureen Weston (Pepperdine) for sending along this note about the ABA’s Arbitration Competition The ABA Law Student Division is looking for schools to host an Arbitration Regional Competition this fall! The ABA has decided that the 2021-2022 Arbitration Competition will be remote. This includes nationals. The ABA will waive the entry fee for the host’s competing teams. Hosting a virtual regional competition is a great way to satisfy hosting responsibilities with little to no cost for your school! The Competition Committee will provide guidance and assistance during planning and throughout the competition. You will be assigned a…
Like it or not, facilitative and evaluative mediation are part of the social reality of our field.  Despite the fact that these models are misleading and provide counterproductive concepts to guide mediators’ behaviors and set parties’ expectations, they are inescapable.  They are standard elements in texts, courses, trainings, and general discourse in our field.  They are so routine that people often mention these terms in passing, assuming that everyone knows what they mean. However, these models are inadequate even for people who strongly believe in them.  Formal models like these are quite general and do not provide specific answers…
My colleague, Ilhyung Lee, the director of Missouri’s Center for the Study of Dispute Resolution, announced the initiation of an annual writing competition, co-sponsored by the National Academy of Arbitrators (NAA). With a generous grant from the NAA Research and Education Foundation, this initiative encourages research and scholarship in the labor and employment field. Beginning in the Fall 2021, the annual competition will award a $3,000 prize for the best published article by an author in academia or professional practice, and a $1,000 award for the best published comment by a current law or graduate student. The winning articles will…
Peter T. Coleman, professor of psychology and education at Columbia University, an award-winning scholar and a prolific author, recently published his latest book, The Way Out: How to Overcome Toxic Polarization.  He holds a joint appointment at Teachers College and The Earth Institute.  In his spare time, he is the director of the Morton Deutsch International Center for Cooperation and Conflict Resolution, founding director of the Institute for Psychological Science and Practice, and executive director of Columbia University’s Advanced Consortium on Cooperation, Conflict, and Complexity.   He also is a member of the United Nations Mediation Support Unit’s Academic…
This was the question I had to answer when planning a lecture.  I was a speaker in a course offered by the Universidad Monteavila in Caracas, Venezuela.  My wonderful colleague, Rafael Gely, organized this collaboration with Missouri’s DR Center to provide a series of speakers, including me. My Venezuelan colleague told me that I could talk about anything I wanted.  There were some constraints because my Missouri colleagues would discuss other topics and obviously we didn’t want to have a lot of overlap.  The other speakers would discuss an overview of ADR methods, negotiation theory, labor arbitration, mediation and arbitration…